A Stoney Creek builder, whose Hagersville housing project was blocked five months ago, says the province has to take stronger measures to protect developers who are being squeezed by the newly-formed Haudenosaunee Development Institute (HDI).
The Six Nations Confederacy created the institute two months ago to control development in their traditional territories along the Grand River. But the province announced for the first time this week that the agency has no power to block developments on disputed lands.
While he was happy with the announcement, Dan Valentini felt the province hasn't gone far enough to protect builders like himself or clarify the uncertainty in the Haldimand county building community.
"They should have held a press conference with McGuinty and they should have clarified the law because people are still confused," he said in a telephone interview yesterday.
"It's easy to say we guarantee our land titles. But these are only words. We need action."
He's one of about a half dozen developers in Haldimand County whose projects have been in limbo because of the uncertainty created by ongoing land claim negotiations.
He hasn't done any work on his 100-unit housing project since the middle of May when a group of Six Nations protesters moved onto the site and stopped construction. Many of the activists were the same people who'd blocked development at Douglas Creek Estates (DCE) in Caledonia the year before.
At the time of the protest, Valentini said he's sunk all his money to service the lots on the former school property and had about half of the lots sold.
In a desperate effort to restart the project, he recently contacted the HDI to find out what he'd have to do to get its approval. He said he was told the confederacy still owns the land and he'd have to pay a lease in perpetuity.
"How can I sell houses when the homeowner has to pay a lease to the Haudenosaunee to the end of time?" he added, saying he has no plan to sign a contract with the HDI.
But even if he could get its approval, he added, he probably wouldn't be able to go ahead because the banks are reluctant to lend him more money. He's also concerned that he hasn't been able to get a commitment from the OPP that they'll clear the site if the protesters return.
Haldimand Mayor Marie Trainer said she was very pleased the province was standing by its land titles system and had stated the HDI had no power to block or approve developments.
Apart from the Hagersville project, she added, there are at least four other projects in the county that have been held up because of the uncertainty resulting from land claims.
Aaron Detlor, who is legal adviser to the HDI, said the institute isn't about to fold just because the government doesn't recognize its authority. He added the agency is currently involved with 25 to 50 projects throughout the Haldimand Tract, including commercial developments and wind farms.
"We don't require the province's authority for the Haudenosaunee to exercise its laws and governance," he said.
He suggested the HDI was protecting developers who would otherwise be vulnerable to lawsuits within the Haldimand Tract.
"The failure to consult with the HDI would make projects vulnerable to legal challenges. We are effectively the authority that will provide land title continuity," he said.